Chapter 388-76 Adult family home minimum licensing requirements.

"Abandonment" means action or inaction by a person or entity with a duty of care for a vulnerable adult that leaves the vulnerable person without the means or ability to obtain necessary food, clothing, shelter, or health care."Abuse" means the intentional, willful, or reckless a…

Under chapter 70.128 RCW, the department is authorized to take actions in response to adult family home noncompliance or violations of requirements of this chapter or rules adopted under chapters 70.128, 70.129, and 74.34 RCW.[Statutory Authority: RCW 70.128.040. WSR 10-03-064, §…

(1) During the initial licensing of the home, the applicant must allow the department staff to inspect the entire premises including all of the home's rooms, buildings, grounds, and equipment and all pertinent records.(2) During inspections after initial licensing is complete, th…

(1) An adult family home may request an exemption to a specific requirement in this chapter. The request must demonstrate to the department that the exemption will:(a) Not jeopardize or adversely affect any resident's health, safety, rights, or quality of life;(b) Not change the …

(1) Any person or entity must have a license by the department to operate an adult family home.(2) No person or entity may provide personal care, special care, and room and board for more than one resident without a license.[Statutory Authority: RCW 70.128.040 and chapters 70.128…

(1) The adult family home is not required to renew the license each year.(2) The license remains valid unless:(a) The department takes enforcement action to suspend or revoke the license per law;(b) The home voluntarily surrenders the license and closes the home;(c) The home reli…

(1) The licensed adult family home must comply with all the requirements established in chapters 70.128, 70.129, 74.34 RCW, this chapter and other applicable laws and regulations including chapter 74.39A RCW; and(2) The provider is ultimately responsible for the day-to-day operat…

The provider must have the:(1) Understanding, ability, emotional stability and physical health necessary to meet the psychosocial, personal, and special care needs of the vulnerable adults under the home's care; and(2) Ability to meet all personal and business financial obligatio…

(1) The adult family home must pay the license fee that is established in the state's operating budget, as described in RCW 70.128.060.(2) Each year, the home's annual license fee is due during the same month in which the home was initially licensed. For example, if the home was …

(1) In determining the home's licensed capacity, the department must consider the:(a) Structural design of the house;(b) Number and accessibility of bathrooms;(c) Number and qualifications of staff;(d) Total number of people living in the home who require personal or special care…

(1) An adult family home submitting an application to increase the licensed capacity of a currently licensed adult family home to seven or eight residents must:(a) Be able to demonstrate to the department the applicant's history of financial solvency and successful management exp…

An applicant submitting an application for a change of ownership of an adult family home with a licensed capacity of seven or eight residents must be a currently licensed adult family home provider that has held that license for a period of no less than 24 months; and(1) Maintain…

The department will only consider an application for more than one home if the applicant has:(1) Evidence of successful completion of the adult family home administrator training to meet the applicable requirements of chapter 388-112A WAC;(2) The ability to operate more than one …

When there is more than one home licensed to a provider, the adult family home must ensure that:(1) Each home has one person responsible for managing the overall delivery of care to all residents in the home;(2) The designated responsible person is the provider, entity representa…

The department will only accept and process an application for an additional license as follows:(1) For a second home, if the applicant has maintained the first adult family home license for at least twenty-four months with no enforcement actions as listed in RCW 70.128.160(2) re…

(1) The adult family home provider or entity representative must:(a) Live in the home; or(b) Employ or contract with a resident manager who lives in the home and is responsible for the care and services of each resident at all times.(2) The provider, entity representative, or res…

An entity provider must:(1) Notify the department when officers, directors, or entity representatives change, or when any owner is added and what percent of ownership is granted;(2) Provide at least one point of contact for the owner, board of directors, or other governing body a…

The department must not issue an adult family home license to employees or members of the employees' household of:(1) Aging and disability services administration; or(2) The department when the employee's duties include:(a) Placement of persons in an adult family home; or(b) Auth…

(1) If an adult family home does not have any residents, it may relinquish its license at any time.(2) The home must relinquish its license if it has not provided care and services to residents for twenty-four months.(3) The department may revoke the adult family home license if:…

The applicant must send a completed application to the department for any of the following actions:(1) To receive an initial adult family home license;(2) To change ownership of the adult family home;(3) To change the location or address of the adult family home; or(4) To increas…

Before sending the application to the department, the applicant must ensure that the people listed on the application meet any applicable minimum qualifications listed in WAC 388-76-10130 through 388-76-10145.[Statutory Authority: RCW 70.128.040. WSR 10-03-064, § 388-76-10057, fi…

An applicant must ensure that any individual provider, entity representative, or resident manager listed on the application has successfully completed the training that is required for their role under this chapter and chapter 388-112A WAC.[Statutory Authority: RCW 70.128.040 and…

(1) Applicants and entity representatives must successfully complete the department approved adult family home administration class as required in chapter 388-112A WAC.(2) An applicant who operates or is the entity representative in a currently licensed home and has already taken…

To apply for a license, an applicant must:(1) Provide all information required on the application form;(2) Provide any additional information requested by the department; and(3) Send the complete application form to the department.[Statutory Authority: RCW 70.128.040 and chapters…

(1) The applicant must pay all processing and license fees established in the state omnibus appropriations act and any amendment or additions made to that act.(2) The applicant must submit the required fees with the application form.[Statutory Authority: Chapter 70.128 RCW. WSR 1…

The processing fee, required in the state omnibus appropriations act and any amendment or additions made to that act, applies to any application submitted to the department, including but not limited to an application for licensure, change of ownership, or a change of location.[S…

The department may authorize a one-time waiver of the application fees for a change of ownership or relocation, if the situation meets all of the following conditions:(1) The current provider has experienced an exceptional circumstance such as the diagnosis of a terminal or debil…

The department must consider the application void when the applicant:(1) Does not return information to the department within sixty calendar days of the department's first request for additional information for an incomplete application; or(2) Has not obtained an adult family hom…

Couples who are legally married or domestic partners under Washington state law:(1) May not apply for separate licenses; and(2) May apply jointly to be coproviders, if they are both qualified. One person may apply to be a provider without requiring the other person to apply.[Stat…

The applicant must include in the application a list of all facilities or homes in which the applicant, persons affiliated with the applicant, or affiliated entities provided care and services to children or vulnerable adults within the last ten years.[Statutory Authority: RCW 70…

An entity submitting an application must:(1) Include a list of all facilities or homes in which the applicant or persons affiliated with the applicant, managerial employee, or owner of five percent or more of the entity provided care and services to children or vulnerable adults …

(1) Applicants must name the property owner of the building if the building to be used as an adult family home is leased, under contract, or rented and the property owner takes an active interest in the operation of the home.(2) An active interest includes but is not limited to:(…

(1) Adult family home license applications are subject to review under this chapter.(2) The department will not process an incomplete application and will return the application requesting the missing information.[Statutory Authority: RCW 70.128.040 and chapters 70.128 and 74.34 …

(1) Under this section, "control of the provider" means the possession, directly or indirectly, of the power to direct the management, operation and/or policies of the adult family home, whether through ownership, voting control, by agreement, by contract, or otherwise.(2) A chan…

(1) The current adult family home owner must provide written notice to the department and residents or applicable resident representatives sixty calendar days prior to the date of the proposed change of ownership; and(2) The home must include the following information in the writ…

(1) In order to prevent disruption to residents, currently licensed providers may request in writing that the department give priority processing to an applicant seeking to be licensed as the new provider of an existing, licensed adult family home in the event of a change of owne…

(1) A change of the adult family home location or address requires both a new license application and a new license.(2) The home must not start operations of the home at a new location until the department has granted the license for the new location.(3) The home must notify each…

In making a determination of whether to grant an adult family home license, the department must consider:(1) Separately and jointly each person and entity named in an application, including each person or entity affiliated with the applicant;(2) Information in the application;(3)…

The adult family home license will not be granted if:(1) The applicant has not successfully completed a department-approved adult family home administration and business planning class except as provided in WAC 388-76-10064;(2) It has been less than twenty years since the applica…

The adult family home license may be denied if the applicant or the applicant's spouse, domestic partner, or any partner, officer, director, managerial employee or majority owner of the applying entity:(1) Has any conviction or pending criminal charge for crime that is not automa…

(1) The adult family home must ensure that any person employed or used by the adult family home, directly or by contract, is qualified and meets all of the applicable requirements of this chapter and chapter 388-112A WAC. This may include, but is not limited to:(a) The provider;(…

The adult family home must ensure that the provider, entity representative on behalf of an entity provider, and resident manager have the following minimum qualifications:(1) Be twenty-one years of age or older;(2) Have a United States high school diploma or high school equivalen…

The adult family home must ensure each caregiver has the following minimum qualifications:(1) Be eighteen years of age or older;(2) Has a clear understanding of the caregiver job responsibilities and knowledge of each resident's negotiated care plan to provide care specific to th…

The adult family home must ensure that students and volunteers meet the following minimum qualifications:(1) Be eighteen years old or older;(2) Meet the department's training requirements of chapter 388-112A WAC;(3) Have no criminal convictions listed in RCW 43.43.830 and 43.43.8…

The adult family home must ensure that a licensed nurse who is a provider, entity representative, or resident manager:(1) Meets the relevant qualifications for their role listed in WAC 388-76-10130; and(2) Has a current valid cardiopulmonary resuscitation (CPR) card or certificat…

(1) The adult family home must ensure staff persons hired before January 7, 2012 meet training requirements in effect on the date hired, including requirements in chapter 388-112A WAC.(2) The adult family home must ensure all adult family home caregivers, entity representatives, …

(1) The adult family home must ensure that an assessor, except for an authorized department case manager, performing an assessment for any resident meets the following qualifications:(a) A master's degree in social services, human services, behavioral sciences or an allied field …

(1) Background checks conducted by the department and required in this chapter include but are not limited to:(a) Washington state name and date of birth background checks; and(b) After January 7, 2012, a national fingerprint background check in accordance with RCW 74.39A.056.(2)…

(1) An adult family home applicant and anyone affiliated with an applicant must have the following background checks before licensure:(a) A Washington state name and date of birth background check; and(b) If applying after January 7, 2012, a national fingerprint background check.…

Before the adult family home employs, directly or by contract, a resident manager, entity representative, caregiver, or noncaregiving staff, or accepts as a caregiver any volunteer or student, or allows a household member over the age of eleven unsupervised access to residents, t…